Sec. 1102. Unfunded priorities list, reports, and plans
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In this section: The term appropriate committees of Congress means— the Committee on Commerce, Science, and Transportation of the Senate; the Committee on Appropriations of the Senate; the Committee on Natural Resources of the House of Representatives; the Committee on Science, Space, and Technology of the House of Representatives; and the Committee on Appropriations of the House of Representatives. The term capital budgetary line item means a line item in the budget justification materials submitted to Congress in support of the budget of the President for a fiscal year pursuant to section 1105 of title 31, United States Code, for any aircraft or vessel for the National Oceanic and Atmospheric Administration valued at more than $3,000,000.
The term infrastructure and assets means— repair and construction of infrastructure, facilities, and laboratories; instrumentation; resources for data storage and analysis, including options for cloud-based and supercomputing services; and with respect to the Office of Marine and Aviation Operations, aircraft, vessels, and uncrewed systems, associated facility construction and repair needs, instrumentation, and requirements to operate new and existing assets to reliably meet the mission needs of the National Oceanic and Atmospheric Administration.
The term unfunded priority means a program or mission requirement that— has not been selected for funding in the applicable proposed budget; is necessary to fulfill a statutory or mission requirement; and the Under Secretary would have recommended for inclusion in the applicable proposed budget had additional resources been available or had the requirement emerged before the budget was submitted. Not later than 15 days after the date on which the President submits to Congress the budget of the President for a fiscal year pursuant to section 1105 of title 31, United States Code, the Under Secretary, in consultation with the Assistant Administrator for each line office of the National Oceanic and Atmospheric Administration, shall submit to the appropriate committees of Congress a report that includes a list of unfunded priorities of the Administration.
The list required by paragraph
(1)shall include unfunded priorities related to the needs of the National Oceanic and Atmospheric Administration— to meet statutory and mission requirements to— protect human life, property, and the economy from the impacts of weather and water; manage the Nation’s fisheries and ocean, coastal, and Great Lakes resources; and manage, steward, and make improvements to data storage, accessibility, interoperability, and utilization; with respect to infrastructure and assets to meet statutory and mission requirements, including— needs with respect to— repair and construction of infrastructure, facilities, and laboratories; scientific support equipment and instrumentation; and resources for data storage and analysis, including options for cloud-based and supercomputing services; and with respect to the Office of Marine and Aviation Operations, in coordination with the Assistant Administrator for Marine and Aviation Operations, needs with respect to aircraft and vessels, associated facility construction and repair needs, and resources required to operate new and existing assets; with respect to operational shortfalls that compromise the ability of the National Oceanic and Atmospheric Administration to meet the statutory and mission requirements described in subparagraph (A), including by compromising the ability of the Administration to meet those requirements in a timely manner; with respect to mitigating fishery disasters, including in accordance with the requirements under the heading in title II of the Disaster Relief Supplemental Appropriations Act, 2023 (division N of Fisheries disaster assistance Public Law 117–328 ; 136 Stat. 5205); and with respect to transitioning successful experimental programs under the Office of Oceanic and Atmospheric Research as of the date of the enactment of this Act into an operational capacity under another office of the National Oceanic and Atmospheric Administration. The list required by paragraph
(1)shall— present the unfunded priorities of the National Oceanic and Atmospheric Administration in order from highest to lowest priority, as determined by the Under Secretary; and with respect to each unfunded priority, include— a brief description of the unfunded priority and its relationship to the statutory and mission requirements of the National Oceanic and Atmospheric Administration; an estimate of the funding level required; and an assessment of the status of the design or acquisition program, if applicable. Not later than February 1 of each year, the Under Secretary, in consultation with the Assistant Administrator for Marine and Aviation Operations and the Assistant Administrator for the National Marine Fisheries Service, shall make available on a publicly accessible website a list of planned stock assessments and surveys for the upcoming fiscal year. The list required by subsection (b)(1) shall include priority stock assessments described in subparagraph (B)(ii) of section 304(e)(1) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1854(e)(1) ), as added by paragraph (3), that are unfunded priorities. Section 304(e)(1) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1854(e)(1) ) is amended— by inserting
(A)after
(1); and by adding at the end the following: The report required by subparagraph
(A)shall include— an assessment of whether stock survey data is adequately available, not available, or not sufficiently available; priority stock assessments and surveys conducted for the purpose of— significantly decreasing uncertainty in stock assessments; maintaining continuity of data for species management; or increasing the ability of the National Oceanic and Atmospheric Administration to meet the statutory and mission requirements described in section 1103(b)(2)(A) of the Weather Research and Forecasting Innovation Reauthorization Act of 2026 ; and for the priority stock assessments under clause (ii), a description of the type, resource needs, and estimated cost of increased survey efforts to meet the goals under that clause. . Not later than 60 days after the date on which the President submits to Congress the budget of the President for a fiscal year pursuant to section 1105 of title 31, United States Code, the Under Secretary, in consultation with the Assistant Administrator for Marine and Aviation Operations and the Assistant Administrators for the line offices of the National Oceanic and Atmospheric Administration, as appropriate, shall submit to the appropriate committees of Congress a future-years capital investment plan. The plan required by paragraph
(1)shall include— the fleet replacement and modernization plan required by section 604 of the NOAA Fleet Modernization Act ( 33 U.S.C. 891b ); the NOAA Aircraft Recapitalization Plan and any plan developed to carry out section 11708 of the Don Young Coast Guard Authorization Act of 2022 (division K of Public Law 117–263 ; 33 U.S.C. 851 note prec.); a replacement and modernization plan of any National Oceanic and Atmospheric Administration spaced-based observation platforms maintained under section 301 of the of the Weather Research and Forecasting Innovation Act of 2017 ( 15 U.S.C. 8531 ); and any other plan the Under Secretary considers appropriate. The plan required by paragraph
(1)shall identify, for each capital budgetary line item— the proposed funding level included in the applicable proposed budget; the total estimated cost of completion; projected funding levels for each fiscal year for the next 5 fiscal years or until completion, whichever is earlier; an estimated completion date at the projected funding levels; and changes, if any, in the total estimated cost of completion or estimated completion date from previous future-years capital investment plans submitted under this subsection.
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- 136 Stat. 5205
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Sec. 1102
Unfunded priorities list, reports, and plans
Stat.136 Stat. 5205
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